Taylor v. Metropolitan Transportation Authority
- William Pauley
- 1:18-cv-01278
- U.S. District Court · Southern District of New York
- 2
In Taylor v. Metropolitan Transportation Authority, Judge Pauley granted Taylor more time to appeal after finding excusable neglect.
Curtaysia Taylor, who received additional time to file a notice of appeal.
What happened
In Taylor v. Metropolitan Transportation Authority, Curtaysia Taylor asked the court for more time to file an appeal from an earlier order denying her request for judgment after the jury’s verdict.
Taylor filed her request one day after the usual appeal deadline. She pointed to miscommunication involving her previous attorneys and was proceeding without a lawyer in the appeal.
Judge William H. Pauley III granted Taylor’s motion for an extension because the circumstances met the legal standard for excusable neglect. The clerk was directed to close the pending motion.
The detailed version
- Taylor v. Metropolitan Transportation Authority · No. 1:18-cv-01278
- William Pauley
- Apr. 21, 2020
Background
Curtaysia Taylor, representing herself, moved for an extension of time to file a notice of appeal from the court’s December 27, 2019 order denying her motion for judgment as a matter of law after the verdict. Taylor filed the extension motion on January 27, 2020.
Legal standard
Federal law generally requires a notice of appeal to be filed within 30 days after judgment. Federal Rule of Appellate Procedure 4(a)(5) allows a district court to extend that deadline when the party moves within the permitted period and shows either good cause or “excusable neglect.” Excusable neglect is a legal standard allowing relief from a missed deadline in appropriate circumstances.
Court’s analysis and ruling
The court found that Taylor filed her extension motion within the permitted period because it was filed one day after the normal appeal deadline. The court also found excusable neglect based on the combination of Taylor’s proceeding without a lawyer on appeal, filing only one day late, and her claimed miscommunications with her previous attorneys’ office.
Judge William H. Pauley III granted Taylor’s motion for an extension of time to file a notice of appeal. The clerk was directed to terminate the motion pending at ECF No. 130.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.